- (1.) Heard Shri O.P. Srivastava, learned Senior Advocate assisted by Shri Shikhar Ahand, learned counsel for the appellant and Shri Anuj Kudesia, learned counsel for the respondent No.4.
(2.) The instant appeal has been preferred under Chapter-VIII, Rule 5 of the Allahabad High Court Rules, 1952 assailing the order dated 31.05.2019 passed by a learned Single Judge in Writ Petition No.5777 (MS) of 2019, whereby the learned Single Judge has declined to interfere in the order dated 30.04.2019 and has directed that the petitioner-appellant shall calculate the consequential benefits as are payable to the respondent No.4 and deposit the same before the Regional Labour Commissioner (Central), Lucknow through a bank draft within a period of three weeks and the said amount has been directed to be kept in an interest bearing account, which shall be subject to the final decision to be taken by the Court in the writ petition.
(3.) The learned Senior Advocate has assailed the order dated 31.05.2019 primarily on two grounds. (i) It has been submitted that the order dated 30.04.2019 was not in issue before the learned Single Judge and the finding recorded by the learned Single Judge that the Court did not find any good reason to interfere in the order dated 30.04.2019 is in excess of the jurisdiction conferred upon the learned Single Judge, consequently, the order is bad; and (ii) It has further been submitted that the direction given by the learned Single Judge could not have been complied with by the petitioner-appellant since such a direction could only have been granted by the competent authority under Section 33C of the U.P. Industrial Disputes Act, 1947. Thus, since the direction contained in the impugned order dated 31.05.2019 was incapable of compliance, thus, it has been prayed that the impugned order be set aside. ;